Former day care owner will likely avoid trial

A former day care owner accused of using her business to steal hundreds of thousands of dollars will likely avoid going to trial.

Lavonia Lewars appeared in court Monday morning, where attorneys for both sides told the judge they will soon have a plea deal. She faces felony charges of theft and fraud.

If convicted, that could mean 20 years behind bars, but a plea agreement would change that.

Lewars is accused of bilking the state out of $300,000 in what prosecutors call an elaborate and systematic deception scheme.

The commonwealth's attorney's office filed roughly 1,500 pages of discovery, documents that allege Lewars billed a child care assistance program for more children than actually attended her day care, getting funding for kids who were never there.

Lewars and her attorney, David Schuler, had no comment as they left the courtroom.

Assistant commonwealth's attorney John Balenovich would say very little about the deal's details.

"We just need time to sit down and write out the plea. It's going to be an extensive plea, so we have an agreement in principle but we need to flesh it out," said Balenovich.

Balenovich said he wouldn't discuss any potential punishment until the plea was done.

News of a probable guilty plea came the same month the commonwealth's attorney's office announced no criminal charges from last summer's deadly crash involving a Heavenly Angels Day Care van.

The accident killed the van monitor, injured the driver and sent all 14 children on board to the hospital.

An initial traffic report found speeding and a blown tire contributed to the crash, plus state investigators determined the van was over capacity, and kids were not in proper seat belts and booster seats.

Prosecutors said there was not enough evidence to charge the driver or Lewars.

As for Lewars' theft and fraud charges, she will return to court for what is expected to be a plea deal hearing Feb. 26.

In addition to the criminal charges, Lewars is also facing two civil suits filed on behalf of some of the children injured in the van crash.

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